The Registrar under the Rajasthan Co-operative Societies Act 2001 cannot adjudicate title disputes, which must be resolved by a Civil Court.

Judgment :

ANAND SHARMA, J.

1. By way of filing this writ petition, petitioner has challenged the order dated 25.08.2006 passed by the Rajasthan Co-operative Societies Tribunal, Jaipur, whereby award dated 22.10.2005 passed by the Registrar Co-operative Societies has been quashed and set aside.

2. It is submitted by learned Senior Counsel for the petitioner that the petitioner purchased a plot bearing No.81 from Sayaunkta Grah Nirman Sahakari Samiti Limited in its scheme namely Officers Campus Extension Scheme, Sirsi Road, Jhotwara vide allotment letter dated 21.07.1992. Pursuant to the said letter, physical possession of the plot was taken by the petitioner and boundary wall as well as one small room was erected of the said plot, where he also got electric connection.

3. Learned Senior Counsel for the petitioner submits that name of the petitioner was also shown in the list of schemes of respondent-society published by Jaipur Development Authority, where his name finds place at serial No.81. In the list of members sent by the society to the administrator of the society, name of the petitioner was also mentioned and he also deposited the necessary expenses for issuance of lease deed in the office of Jaipur Development Authority on 31.03.2005.

4. Grievance of the petitioner is that he received one notice on 04.04.2005 issued by the Jaipur Development Authority revealing therein that one other person Anand Singh (respondent No.2) has also submitted certain documents claiming title over the same plot of land, which was owned and possessed by the petitioner. Therefore, in order to enquire into the facts, the petitioner was directed to return the lease deed dated 31.03.2005. The petitioner thereupon filed appeal before the Jaipur Development Authority, Appellate Tribunal, where interim order was granted in favour of the petitioner. As it was a dispute between the members of the society, the petitioner also referred the dispute regarding title of the plot before the Registrar Co- operative Societies. The Registrar Co-operative Societies-cum- Arbitrator decided the matter vide award dated 22.10.2005 observing therein that the petitioner was having physical possession over the plot in question, whereas the respondent No.2 has failed to prove his possession. The list prepared by Jaipur Development Authority and other documents were also relied upon by the Registrar-cum-Arbitrator and ultimately vide award/order dated 22.10.2005, the Jaipur Development Authority was directed to execute lease deed in favour of the petitioner and to get the same registered. The respondent No.2-Anand Singh Chouhan was also restrained from interfering with the possession of the petitioner.

5. However, feeling aggrieved by award/order dated 22.10.2005, the respondent No.2 filed an appeal under Section 105 of the Act of 2001, which was allowed by the Tribunal vide order dated 25.08.2006 and the award/order dated 22.10.2005 passed by the Registrar-cum-Arbitrator has been quashed.

6. Learned Senior Counsel appearing for the petitioner submits that the Tribunal has committed serious error of law and jurisdiction in not correctly appreciating the scope and extent of provisions of Section 58 of the Act of 2001, where the dispute between two members of the society as well as transaction of the society can be decided in her reference under Section 58 of the Act. It is submitted that even title of the plot can be decided by the Tribunal and there is a specific bar for filing a civil suit in relation to the dispute which is covered by the Act of 2001, still ignoring the scheme of the Act, perverse and irrational